Are you due a refund from your LPA/EPA10-Jul-2019

By Adele Bebbington-Plant, Associate Solicitor, Wills, Trusts & Estates

Are you due a refund for Power of Attorney registration fees?

The Office of the Public Guardian (OPG) is refunding part of the registration fees to those who registered their powers of attorney (both Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs)) between 1 April 2013 and 31 March 2017.

Why?
The Ministry of Justice sets the OPG’s fees. Following review, the Ministry of Justice found that between 1 April 2013 and 31 March 2017 the OPG's fees were higher than necessary. Operating costs reduced as the process became more efficient, but the application fee was not reduced in line with these. A refund scheme has therefore been launched for those who paid the higher fee during the relevant period.

How much can be claimed?
The refund ranges from £34 to £54 for each power of attorney registered, depending upon when you paid the fees. Interest is also payable at 0.5%. If you qualified for a remission when paying the registration fee (where only half of the fee was payable), you will get half the refund amount.

Who can claim?
• The donor – the person who made the power of attorney or
• The attorney – the person appointed in the power of attorney.

How do you make the claim?
The refund scheme is run by the OPG.
Claims can be made online at www.gov.uk/power-of-attorney-refund
Alternatively, you can telephone the Office of the Public Guardian’s refunds helpline on 0300 456 0300 and select option 6

You will need
The donor’s UK bank account number and sort code
• A copy of the LPA (if you have it)

The OPG will take up to 12 weeks to process your claim and payment will be made into the donor’s bank account.

If Cullimore Dutton has registered powers of attorney for you, we can supply you with the information you need to make a claim. Unfortunately, we are unable to make the claim on your behalf as claims can only be made by the donor or attorney.

Is there a deadline?
You must claim your refund by 1 February 2021.

What if you haven’t made a power of attorney or don’t know what one is?
For further information on lasting powers of attorney visit our dedicated web page www.cullimoredutton.co.uk/lpa or download our free fact sheet by clicking on the icon below.

CD LPA Fact Sheet CD LPA Fact Sheet (82 KB)


For more information please contact a member of our Wills, Trusts & Estates Team on 01244 356 789 or email info@cullimoredutton.co.uk

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.